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Patent Law

: Patent Docs

Obviousness-type Double Patenting after Amgen v. F. Hoffmann-La Roche

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

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By Kevin E. Noonan -- Although Amgen's erythropoietin franchise has weathered its most recent challenge by F. Hoffmann-La Roche's pegylated EPO analog, Mircera® (see Amgen Inc. v. F. Hoffman-La Roche Ltd. (Fed. Cir. 2009)), the victory was not absolute. The status of three of the patents-in-suit -- U.S. Patent Nos. 5,547,933 (the '933 patent), 5,955,422 (the '422 patent, claim 1) and 5,756,349 (the '349 patent, claim 7) -- were put in jeopardy by the Federal Circuit's reversal of summary judgment and remand to the District Court on the question of whether these patents are invalid for obviousness-type double patenting. If...

Full post as published by Patent Docs on September 28, 2009 (boomark / email).

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